A lawsuit was filed in Detroit federal court on Tuesday and claimed governor Gretchen Whitmer’s stay at home order has harmed businesses and infringe on property rights of Michigan residents.
The lawsuit was filed by lawyer David Helm on behalf of four citizens and a business owned by one of the plaintiffs.
The lawsuit makes three claims against the two executive orders. The first claim is that Whitmer has seized property from individuals and businesses without providing compensation to those affected.
Whitmer’s orders “go too far” and should “be recognized as a taking,” the lawsuit claims.
Steve Martinko, who owns Contender’s Tree and Lawn Service is suing the government because he cannot operate. The lawsuit claims the tree and lawn service should be considered an essential business as spring is a critical time for the company and the busiest time of the year. Martinko laid off 15 of his employees the day the order took effect.
The company had also “ordered and received hundreds of thousands of dollars in chemicals and equipment from its suppliers” prior to the order going into effect.
The business has been unable to book future business or complete work that is already scheduled because of the stay at home order.
The lawsuit says private citizens Michael and Wendy Lackomar and landscaping business Contender’s Tree and Lawn Service, have suffered financially because of the order. The claim alleges violation of the Takings Clause, which requires compensation when the government takes over a property.
Because Contender’s cannot operate and the Lackomars cannot utilize multiple properties in the state, they feel they are owed compensation. Particularly because the properties cannot be leased, subleased, bought, sold or used for other purposes while encumbered by the order, which runs through April 30.
Whitmer’s spokesperson Tiffany Brown declined comment, saying the governor’s office does not typically comment on pending litigation.
This article was originally posted on Mlive.com; you can read it here.